I, the participant named below, have agreed to participate in the F45 workouts, exercise and training programs and any other services (fitness or otherwise) offered by F45 (“Workouts”).
I acknowledge and agree that the Workouts:
are a recreational sport activity; and
may involve strenuous physical activity including, but not limited to, muscle strength and endurance training, cardiovascular conditioning and training, and other various fitness activities.
I hereby affirm, and I affirm each time I participate in a Workout, that:
I am in good physical condition and do not suffer from any known disability or condition which would prevent or limit my participation in the Workouts; and
I am participating in the Workouts voluntarily and at my own risk.
I HEREBY RELEASE F45 TRAINING PTY LTD (ACN 162 731 900), F45 TRAINING INC, F45 TRAINING PRIVATE ASIA LTD, FUNCTIONAL F45 TRAINING LTD, F45 TRAINING CANADA LTD AND THEIR RELATED BODY CORPORATES, AFFILIATES, SUCCESSORs, ASSIGNEES, FRANCHISEES, LICENSEES AND THEIR OFFICERS, AGENTS AND EMPLOYEES (THE “RELEASED PARTIES”) FROM ANY CLAIMS, DEMANDS, AND CAUSES OF ACTION AS A RESULT OF MY VOLUNTARY PARTICIPATION IN THE WORKOUTS, TO THE MAXIMUM EXTENT PERMITTED BY LAW.
I FULLY UNDERSTAND THAT I MAY INJURE MYSELF AS A RESULT OF MY PARTICIPATION IN THE WORKOUTS AND I HEREBY RELEASE THE RELEASED PARTIES FROM ANY LIABILITY NOW OR IN THE FUTURE FOR CONDITIONS THAT I MAY OBTAIN DIRECTLY OR INDIRECTLY FROM PARTICIPATING IN THE WORKOUTS, TO THE FULLEST EXTENT PERMITTED BY LAW. THESE CONDITIONS MAY INCLUDE, BUT ARE NOT LIMITED TO, HEART ATTACKS, MUSCLE STRAINS, MUSCLE PULLS, MUSCLE TEARS, BROKEN BONES, SHIN SPLINTS, HEAT PROSTRATION, INJURIES TO KNEES, INJURIES TO BACK, INJURIES TO FOOT, OR ANY OTHER ILLNESS OR SORENESS THAT I MAY INCUR, INCLUDING DEATH.
I HEREBY AFFIRM THAT I HAVE READ AND FULLY UNDERSTAND THE ABOVE STATEMENTS.
Assumption of the Risk and Waiver of Liability Relating to Coronavirus/COVID-19
The novel coronavirus, COVID-19, has been declared a worldwide pandemic by
the World Health Organization. COVID-19 is extremely contagious and is believed to
spread mainly from person-to-person contact. As a result, federal, state, and local
governments and federal and state health agencies recommend social distancing and
have, in many locations, prohibited the congregation of groups of people.
F45 Training and the F45 franchised studios (“F45”) have done its best to
put in place preventative measures to reduce the spread of COVID-19; however, F45
cannot guarantee that you will not become infected with COVID-19. Further,
attending F45 could increase your risk of contracting COVID-19.
By signing this agreement, you acknowledge the contagious nature of
COVID-19 and voluntarily assume the risk that you may be exposed to or infected by
COVID-19 by attending F45 and that such exposure or infection may result in personal
injury, illness, permanent disability, and death. You understand that the risk of
becoming exposed to or infected by COVID-19 at F45 may result from the actions,
omissions, or negligence of myself and others, including, but not limited to, F45
employees and program participants.
You voluntarily agree to assume all of the foregoing risks and accept sole
responsibility for any injury to yourself (including, but not limited to, personal injury,
disability, and death), illness, damage, loss, claim, liability, or expense, of any kind, that
you may experience or incur in connection with your attendance at F45 (“Claims”). You
hereby release, covenant not to sue, discharge, and hold harmless F45, its employees,
agents, and representatives, from the Claims. You understand and agree that this
release includes any Claims based on the actions, omissions, or negligence of F45, its
employees, agents, and representatives, whether a COVID-19 infection occurs before,
during, or after participation in any F45 program.